BALCA affirmed denial where the company president's name but not employer’s name was on the NOF. Rejecting the employer's harmless error argument, BALCA said persons providing information to the CO need the employer name as it appears on Form 9089. (Matter of G.O.T. Supply, Inc., 10/6/15). Read the Balca decision here.
Acknowledging that 20 CFR 656.17(g)(1) does not explicitly require recruitment reports to have "original" signatures, BALCA upheld the denial of 3 labor certifications rejecting the argument that the typewritten name constituted an electronic signature. (Matter of NYC Dept. of Educ., 5/14/15). Read the BALCA decision here.
BALCA upheld the CO’s denial for failure to submit a recruitment report describing the recruitment steps undertaken, as 20 CFR 656.17(g)(1) requires, when the employer inadvertently omitted a page. (Matter of Simply Soup LTD., 1/13/15). Read the BALCA case.
BALCA found that where the employee gained the required experience while working for the employer, the employer's detailed statement sufficiently documented that it was no longer feasible to train a worker for the position under 20 CFR §656.17(i)(2)(ii). (Matter of Kentrox, 5/22/14). Read the BALCA case.
Finding nothing in the regulations prohibiting an employer from using the same newspaper as both a "general circulation" and a local newspaper, BALCA reversed the denial where the employer placed two Sunday ads and one Tuesday ad in the Boston Globe. (Matter of Delta Search Labs, 4/24/14). Read the BALCA case.
BALCA reversed the CO's denial, finding that based on the plain language of the regulations and the regulatory history, the advertising content requirements of 20 CFR 656.17(f) do not apply to additional requirement steps found in section 656.17(e)(1)(ii). (Matter of Symantec Corp., 2/11/14). Read the BALCA case.
BALCA reversed the CO's denial, finding the laid-off U.S. worker clearly lacked the required experience and skill in specified accounting and modeling programs based on the face of the worker's resume and the employer's ETA 9089. (Matter of Federal Home Loan Mortgage Corp., 2/10/14). Read the BALCA case.
BALCA held that the CO was unreasonable in insisting that the alien's holding of the required degree be disclosed on the 9089 where documents in the reconsideration motion showed that a bachelor's degree is a prerequisite for a Montessori certificate. (Matter of The Clariden School, 1/30/14). Read the BALCA case.
BALCA found that the employee's letter affirming her knowledge of programming and other skills was sufficient where the audit asked the employer to "provide documentation" without specifying the type of documentation or indicating that the letter must be notarized. (Matter of PARC, 4/2/14). Read the BALCA case here.
Noting that the list of factors set forth in the decision were not exhaustive, BALCA found that Dice.com is a job search website for IT professionals, not a "professional organization" for purposes of recruitment under 20 CFR §656.17(e)(1)(ii)(E). (Matter of Privthi Info. Solutions, 11/1/13). Read the BALCA case here.